Patentability Searching

With all three types of patents, a patent examiner in the Patent and Trademark Office (PTO) must be convinced that your invention satisfies the "novelty" and "unobviousness" requirements of the patent laws. The novelty requirement is easy to satisfy: your invention must be different from what is already known to the public. Any difference, however slight, will suffice.

Novelty, however, is only one small hurdle to overcome. In addition to being novel, the examiner must also be convinced that your invention is "unobvious." This means that at the time you came up with your invention, it would have been considered unobvious to a person skilled in the technology (called "art") involved in your creation. Unobviousness is best shown by new and unexpected, surprising, or far superior results, when compared to previous inventions and knowledge ("prior art") in the particular area you're concerned with.

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